[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 323 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 323

 To amend title XXVII of the Public Health Service Act and title I of 
  the Employee Retirement Income Security Act of 1974 to require that 
 group and individual health insurance coverage and group health plans 
       provide comprehensive coverage for childhood immunization.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 8, 2009

   Mr. Gene Green of Texas introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
 the Committee on Education and Labor, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend title XXVII of the Public Health Service Act and title I of 
  the Employee Retirement Income Security Act of 1974 to require that 
 group and individual health insurance coverage and group health plans 
       provide comprehensive coverage for childhood immunization.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Comprehensive Insurance Coverage of 
Childhood Immunization Act of 2009''.

SEC. 2. COMPREHENSIVE COVERAGE FOR CHILDHOOD IMMUNIZATION BY GROUP 
              HEALTH PLANS AND HEALTH INSURANCE ISSUERS.

    (a) Group Health Plans.--
            (1) Public health service act amendments.--Subpart 2 of 
        part A of title XXVII of the Public Health Service Act is 
        amended by adding at the end the following new section:

``SEC. 2708. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION.

    ``(a) In General.--A group health plan, and a health insurance 
issuer offering group health insurance coverage, shall provide for each 
plan year comprehensive coverage for routine immunizations for each 
individual who is a dependent of a participant or beneficiary under the 
plan and is under 19 years of age.
    ``(b) Comprehensive Coverage.--For purposes of this section, 
comprehensive coverage for routine immunizations for a plan year 
consists of coverage, without deductibles, coinsurance, or other cost-
sharing, for immunizations (including the vaccine itself) in accordance 
with the most recent version of the Recommended Childhood Immunization 
Schedule issued prior to such plan year by the Advisory Committee on 
Immunization Practices of the Centers for Disease Control and 
Prevention.''.
            (2) ERISA amendments.--
                    (A) In general.--Subpart B of part 7 of subtitle B 
                of title I of the Employee Retirement Income Security 
                Act of 1974 is amended by adding at the end the 
                following new section:

``SEC. 715. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION.

    ``(a) In General.--A group health plan, and a health insurance 
issuer offering group health insurance coverage, shall provide for each 
plan year comprehensive coverage for routine immunizations for each 
individual who is a dependent of a participant or beneficiary under the 
plan and is under 19 years of age.
    ``(b) Comprehensive Coverage.--For purposes of this section, 
comprehensive coverage for routine immunizations for a plan year 
consists of coverage, without deductibles, coinsurance, or other cost-
sharing, for immunizations (including the vaccine itself) in accordance 
with the most recent version of the Recommended Childhood Immunization 
Schedule issued prior to such plan year by the Advisory Committee on 
Immunization Practices of the Centers for Disease Control and 
Prevention.''.
                    (B) Clerical amendment.--The table of contents in 
                section 1 of such Act is amended by inserting after the 
                item relating to section 714 the following new item:

``715. Standard relating to coverage of childhood immunization.''.
    (b) Individual Health Insurance.--Part B of title XXVII of the 
Public Health Service Act is amended by inserting after section 2753 
the following new section:

``SEC. 2754. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION.

    ``The provisions of section 2708 shall apply to health insurance 
coverage offered by a health insurance issuer in the individual market 
in the same manner as they apply to health insurance coverage offered 
by a health insurance issuer in connection with a group health plan in 
the small or large group market.''.

SEC. 3. COORDINATION OF ADMINISTRATION.

    The Secretary of Health and Human Services and the Secretary of 
Labor shall ensure, through the execution of an interagency memorandum 
of understanding among such Secretaries, that--
            (1) regulations, rulings, and interpretations issued by 
        such Secretaries relating to the same matter over which both 
        such Secretaries have responsibility under the provisions of 
        this Act (and the amendments made thereby) are administered so 
        as to have the same effect at all times; and
            (2) coordination of policies relating to enforcing the same 
        requirements through such Secretaries in order to have a 
        coordinated enforcement strategy that avoids duplication of 
        enforcement efforts and assigns priorities in enforcement.

SEC. 4. EFFECTIVE DATES.

    (a) Group Health Plans and Group Health Insurance Coverage.--
Subject to subsection (c), the amendments made by section 2(a) apply 
with respect to group health plans for plan years beginning on or after 
January 1, 2010.
    (b) Individual Health Insurance Coverage.--The amendment made by 
section 2(b) applies with respect to health insurance coverage offered, 
sold, issued, renewed, in effect, or operated in the individual market 
on or after such date.
    (c) Collective Bargaining Exception.--In the case of a group health 
plan maintained pursuant to 1 or more collective bargaining agreements 
between employee representatives and 1 or more employers ratified 
before the date of enactment of this Act, the amendments made by 
section 2(a) shall not apply to plan years beginning before the later 
of--
            (1) the earliest date as of which all such collective 
        bargaining agreements relating to the plan have terminated 
        (determined without regard to any extension thereof agreed to 
        after the date of enactment of this Act); or
            (2) January 1, 2010.
For purposes of paragraph (1), any plan amendment made pursuant to a 
collective bargaining agreement relating to the plan which amends the 
plan solely to conform to any requirement added by section 2(a) shall 
not be treated as a termination of such collective bargaining 
agreement.
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